Property comes to Mr A from his Fathers Sister A has one Daughter B and Wife C and Grand Daughter D And Daughter in Law E B died on 2015 After Died of B there is am Dispute with A and C with E from Child Custody D in Mediation court allowed to keep D with A and C A died on 2020 march I purchased Half Share Of Property From C after A Death. is there is any wrong i title IS half property goes to D can i buy property of D from C as a natural guardian without taking permission from Dist Judge If i do that how safe my deed is if i buy minor property in which time D can claim her property i heard after getting metured withi 3 years D claim stand after that thete is no claim in property of Miss D am i right after C death who will the guardian of D
1. Sale of a property belonging or having share of a minor is voidable at his option unless the court of wards accords permission for this.
2. In other words the minor after attaining majority can file suit to set aside such sale and hence to avoid this before purchase do take permission from court of law.
The property of A and C belongs to their children and grandchildren. Now you purchased the property from C who is the wife of A.
A's property cannot go directly to C. It will be distributed amongst his children and grandchildren.
The title is not good.
It is disputed.
If A Died Then half property goes to D a grand Daughter and Half to C why C can not sale her share
No you need to take permission.
The property has to be partitioned first. After partition of the property amongst the heirs the property may be sold. But without partition none can sell the property as it is an ancestral property.
Please introduce yourself from the the point of view of A,B,C & D .
Whether the property involved in the present matter is self acquired or ancestral?
Where do you stand amongst these four Alphabets. It is essential foŕ us to decide how would property devolve upon you by law.
1) on A death his 50 per cent share in property would devolve on his wife , daughter in law and grand daughter
2) to purchase minor share you need court permission
3) minor can on attaining majority within 3 years file suit to set aside sale deed
Wife can sell her 50 per cent share in property
Dear Sir,
The said purchase by you is fully valid and there is no wrong title. D is minor at present and there is no need of the buying of the property from D. Your deed will be safe and you are suggested to get the mutation done.
D can challege the sale on becoming major so without court order, it is not advisable.
Mother will be guardian of D after C death till D 18 years of age.
After A demise, E and D inheirted half share if E was not divorced.
If the daughter in law E was the wife of the son of A then she would be entitled to a share in A's property, however if she was the daughter ion law of daughter B, then she will be having a right over a share out of B's share out of her father A's property who is reported to have died intestate.
In any case, even though C is the wife of deceased A, she is entitled to a share in the property to the extent of one third only, hence she cannot sell half share in the property.
Further, if the property was in the joint possession or if it was not partitioned among the legal heirs of deceased A, then you cannot buy a specific property with demarcation, therefore the purchase lacks in technicalities and can be held invalid.
If the property devolves upon a minor child, then the guardian of the minor child has to file a petition before court seeking to sell the share of minor child in the property.
The purchase of minor child's proeprty without court permission my be invalid and illegal.
A is reported to have died intestate.
Upon his intestate death the property left behind by the deceased A shall devolve on all his legal heirs consisting his wife and children.
Therefore his wife C cannot become an absolute owner of entire property neither she can own half share in the property as a right if there were children to deceased A, including the predeceased children.
Therefore ascertain the list of legal heirs or successors in interest, which you can get it from the revenue department.
The grand daughter cannot become a legal heir to the deceased A, however if she was the child of the predeceased daughter then she can claim a share proportionately in respect of her deceased mother's share out of her deceased grandfather's property as a right.
What about the daughter in law, if she is the widow of the predeceased son, then she is also entitled to a legitimate share in the property.
The way you have raised this question clearly indicates that you did not obtain a legal opinion from a local lawyer before venturing into the purchase of this property.
You may better obtain a proper legal opinion from an experienced lawyer in the local at least now so that you can sail smoothly in future without becoming prey for the legal troubles in future.
- Since the said property came to A from his fathers sister , then it will considered as self acquired property of A.
- Further , A having his right to transfer the same to any one during his life time, but after the death of A , this property would be devolved upon his wife and children only i.e. his wife C , daughter B and daughter in law E equally , and they will have their respective 1/3 share in the property.
- Since , C was having only 1/3rd share in the property , then legally she cannot sell half of the property without getting the consent of B & E.
- If D is a minor , then you cannot purchase the property without getting court order, and after attaining major age D can claim back property from you legally.
The said property is Inherited by A, so it is self acquired.
After the death of your A, if he died without a Will, then the property will devolve amongst all legal heir. So in case A did not have a Will, all siblings will be legal heir and the property will devolve amongst Widow (C) Daughter (B) and Son.
C can sell her share only.
For any minor property court permission is mandatory.
when the minor attains the age of 18 years, the minor can exercise the option to repudiate or validate the sale deed if the same was made without the prior permission from the court of law, but he must exercise such option within the limitation period i.e. three years from the date on which he attains majority.
You need courts permission to buy minor property Othwise transaction is illegal and void.
1. No C cannot sell share of without permission from court and C can only sell 1/3 of share from property of her husband as property should be divided in three equal parts to his daughter wife and legal heirs of son.
2. yes she can claim share within three years of attaining majority after that with condonation of delay.
